Options

In re In re Aluminum Co. of Am.

The district court denies the Aluminum Co. of America's (ALCOA's) motion to quash an administrative search warrant, ruling that under § 114(a)(2) of the Clean Air Act the Environmental Protection Agency (EPA) is authorized to use non-Agency personnel in making inspections of emission sources. The court determines initially that because ALCOA failed to seek preenforcement review of the warrant, despite the fact that it had adequate prior notice, renders the motion to quash moot. Nevertheless, the court rules that on the merits the motion must be denied. Section 114(a)(2) of the Act, particularly when viewed in contrast to § 208, reveals Congress' intent to authorize the EPA Administrator to utilize independet contractors to assist Agency employees in conducting inspections. This reading of the Act is confirmed by the legislative history. The court adds that the bringing of independent contractors into ALCOA's plant did not expose it to a risk of losing trade secrets for which it has no legal remedy, for it has a cause of action against both EPA employees and independent contractors in the case of unauthorized disclosure of confidential materials.